How to Be Selected for a Jury

By Malia Wollan

July 28, 2017

‘‘We are wary of people who are trying to get on a jury,’’ says Philip Anthony, chief executive of DecisionQuest, a trial consulting firm whose work includes assisting in jury selection. Many people try to shirk jury duty; signs of eagerness will arouse suspicion. Having surveyed more than 100,000 jurors after trials, Anthony’s company estimates that some 17 percent are ‘‘stealth jurors,’’ people seeking a seat to further a hidden personal agenda. Lawyers strive to ferret them out. Present yourself as willing but not enthusiastic.

To be summoned for jury duty, you must be 18 and a United States citizen. Increase your odds by registering to vote and getting a driver’s license. After a pool of potential jurors has been called to a courthouse, prosecution and defense attorneys winnow the group down in an examination process called voir dire — but how the lawyers decide whom to exclude is often mysterious, and historically those decisions were marred by prejudice. It wasn’t until 1986 that the Supreme Court ruled it unconstitutional to exclude a potential juror based solely on race, and not until 1994 did the court do the same for gender.

‘‘You can’t show any bias toward the parties involved,’’ says Anthony, whose company does pretrial surveys to find what he calls ‘‘fact patterns’’ that might reveal people’s predispositions on specific issues in ways they may not even be aware of. For example, his research might suggest a 92 percent likelihood that someone who works in retail, makes less than $30,000 a year and frequently changes employers will harbor bias against financial institutions; if you fit that description and the case involves a bank, you’ll very likely be excused. Strive to be what Anthony calls ‘‘stable and balanced’’: Don’t be sarcastic, argumentative, despondent or, worst of all, an oddball. ‘‘You need to fit the norm of society,’’ he says. Jurors discuss cases and work together to reach a verdict. Behave like a person who can get along with others.

Know that you’re being watched. Lawyers are taking note of anyone acting strange, agitated or particularly fidgety. Be calm, confident and truthful. ‘‘For the majority of jurors we’ve surveyed, serving on a jury ends up being one of the more important things they did in their life,’’ Anthony says. ‘‘Years later, they’re still talking about it.’’